Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patent (6)
- Trademark (5)
- Copyright (4)
- Innovation (4)
- United States (3)
-
- Inc. (2)
- Intellectual Property Policy (2)
- Internet (2)
- Patentable Subject Matter (2)
- ANDA (1)
- Abbreviated New Drug Application (1)
- Actual Test (1)
- Administrative Agency (1)
- Administrative Law (1)
- Anglo-American Law (1)
- Bankruptcy (1)
- Bankruptcy Code (1)
- Biotechnology (1)
- Chapter 11 Reorganization (1)
- Civil Law (1)
- Claim Interpretation (1)
- Clear Act Principle (1)
- Common Law (1)
- Congress (1)
- Consumer Protection (1)
- Copyright Infringement (1)
- Copyright Litigation (1)
- Copyright Protectability (1)
- Copyright Royalty Board (1)
- Copyrightability (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Innovation And Recovery, John F. Duffy
Innovation And Recovery, John F. Duffy
Marquette Intellectual Property Law Review
Crisis inevitably brings hope for recovery. The recent past has seen a great economic crisis and a crisis in the patent system. Precisely because crisis reveals the flaws in the old, recovery demands the new; it demands innovation. Economic crisis thus makes recovery in the patent system especially urgent because it reveals the degree to which continuing prosperity depends on society's ability to reorganize itself, to change, to innovate. Towards that end, society should reconsider how our patent system makes judgments about invention. More specifically, Professor Duffy will seek to show through this lecture that the change most necessary for …
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
Marquette Intellectual Property Law Review
Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception …
What About Know-How: Heightened Obviousness And Lowered Disclosure Is Not A Panacea To The American Patent System For Biotechnology Medication And Pharmaceutical Inventions In The Post-Ksr Era, Yi-Chen Su
Marquette Intellectual Property Law Review
In KSR International Co. v. Teleflex, Inc., the Supreme Court rejected the Federal Circuit's rigid application of the teaching, suggestion, or motivation test (TSM test), and replaced it with an expansive and flexible approach, in determining the question of obviousness. Nevertheless, an expansive and flexible approach to obviousness may not be consistent with the international norms of practice if it is applied literally. The U.S. Patent and Trademark Office's literal application of the decision has essentially created another set of inflexible rules, which is contrary to the Supreme Court's intent. The Federal Circuit's recent decision in In re Kubin cautiously …
Possessing Trademarks: Can Blackstone Or Locke Apply To Fast Food, Grocery Stores, And Virtual Sex Toys?, Jesse R. Dill
Possessing Trademarks: Can Blackstone Or Locke Apply To Fast Food, Grocery Stores, And Virtual Sex Toys?, Jesse R. Dill
Marquette Intellectual Property Law Review
Trademark law has evolved extensively over time and is justified today for different reasons than when American law first recognized it. Scholars today question whether trademarks should now be accepted as a form of real property. Two examples of trademark problems in the global economy demonstrate that the time has come for marks to be recognized as property. Whether business entities are entering new territories or consumers are crossing borders to new jurisdictions with greater ease than ever before, trademark must adapt to the demands of modern commercial competitors. This Comment takes the position that these demands require treating trademarks …
Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran
Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran
Marquette Intellectual Property Law Review
The United States Copyright Act with the inclusion of the Visual Artists Rights Act of 1990 (VARA) gives sculptors, painters, and photographers a bundle of rights that include the moral rights of attribution and integrity. However, the artistic efforts of artists who create quilts, whether the original purpose was to hang the quilt on the wall or to provide warmth and comfort on a bed, are not included in VARA due to the exclusion of applied art from VARA. This Comment contends that the Congressional intent to protect the highly personal connection artists have to their creations supports extending the …
Actual Or Hypothetical: Determining The Proper Test For Trademark Licensee Rights In Bankruptcy, Laura D. Steele
Actual Or Hypothetical: Determining The Proper Test For Trademark Licensee Rights In Bankruptcy, Laura D. Steele
Marquette Intellectual Property Law Review
As trademark rights become an increasingly valuable asset in Chapter 11 reorganizations, it is critical for Congress and the courts to clarify how trademarks will be treated in bankruptcy, particularly where the debtor is a trademark licensee. Without clarity, Chapter 11 reorganization may not be a viable option. This Comment urges that trademark licensees should not be stripped of a license simply because the licensee enters bankruptcy. Rather, where a licensee intends only to continue using an existing license under the terms of the existing agreement with the licensor, the licensee's use of that license should be uninterrupted during reorganization. …
An Uncomfortable Fit?: Intellectual Property Policy And The Administrative State, Kali Murray, Sapna Kumar, Jason Mazzone, Hannibal Travis
An Uncomfortable Fit?: Intellectual Property Policy And The Administrative State, Kali Murray, Sapna Kumar, Jason Mazzone, Hannibal Travis
Marquette Intellectual Property Law Review
The Southeastern Association of Law Schools (SEALS) panel responds to the considerable scholarship on the increasing integration of administrative law into intellectual property policy. The discussion was conducted August 4, 2009, as part of SEALS' day-long Intellectual Property Workshop in West Palm Beach, Florida. Kali Murray moderated the panel, which included Sapna Kumar, Jason Mazzone, Hannibal Travis, and Jasmine Abdel-khalik.
Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott
Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott
Marquette Intellectual Property Law Review
Marquette Law alum and partner with Alston+Bird, LLP, offers insights into patent litigation. In his speech, given March 5, 2010, McDermott examines how patent law developments such as Markman v. Westview Instruments, Cybor Corp. v. FAS Technologies, Inc., and In re Seagate have impacted the practice of patent infringement litigation.
Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler
Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler
Marquette Intellectual Property Law Review
With the rise of the Internet, trademark owners have seen an increase in online trademark infringement. This Comment examines online auction house liability for the sale of trademark infringing products and the methodology used by courts in making this determination. The author outlines contributory trademark jurisprudence in the United States and France and the application of this jurisprudence in Tiffany v. EBay and LVMH v. EBay, respectively. The article then evaluates the implications of the two approaches to determine which approach is more practical and effective. The author concludes that online auction houses should not be liable for trademark infringement …
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Marquette Intellectual Property Law Review
As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …
Fixing Our Broken Patent System, Jay Dratler
Fixing Our Broken Patent System, Jay Dratler
Marquette Intellectual Property Law Review
This short Article digests what the Author see as the most important substantive criticism and proposes specific solutions in the form of the "guts" of a new patent statute. Its statutory proposal tracks the current statute's organization and has numerous annotations explaining what is the same, what is changed and why, and what never-before-codified principles of judge-made law are explicitly codified. Among the proposed statute's fundamental changes are: (1) explicit restrictions on patentable subject matter to avoid patents on bare abstractions; (2) adoption of a first-to-file system requiring worldwide novelty; (3) abolition of the doctrine of constructive reduction to practice …
Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe
Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe
Marquette Intellectual Property Law Review
When generic drugs seek FDA approval, the pharmaceutical company files an Abbreviated New Drug Application (ANDA), in which the generic company establishes bioequivalence to its usually patented counterpart. The ANDA filer must also certify that, to the best of the filer's knowledge, the generic will not infringe on a current patent-holder's rights. This can be done by showing (1) no patent on the product exists, (2) the patent is expired, (3) the patent will expire by the time the generic is marketed, or (4) the ANDA filer believes the patent is invalid - called a Paragraph IV certification. A Paragraph …
Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude
Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude
Marquette Intellectual Property Law Review
This Comment discusses, by focusing on the treatment of fan fiction, the tension a court faces each time it encounters a fair use doctrine analysis. First, this Comment describes the nature of fan fiction, the two types of fan fiction referential works and participatory works, and the potential commerciality of fan fiction. Second, this Comment analyzes courts' treatment of referential works and explains why courts have not encountered participatory works. Next, this Comment discusses that while courts have guided authors of referential works regarding how to create a non-infringing work, courts have yet to consider how to protect participatory works. …
Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes
Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes
Marquette Intellectual Property Law Review
Contemporary accounts of the normative basis of Anglo-American trademark law frequently describe the purpose of the legal doctrine as having developed to protect primarily the consumers from being misled. Recently, some commentators have offered a different account of the law, as having developed to protect mainly the interests of the traders in not having their trade diverted. Under this account, early trademark law served one master only, the producer, with any additional benefit or protection to consumers being unintended. In this Article, the Author challenges both accounts and suggest that early trademark law was not driven by any judicial desire …